Jan 21, 2020

EPD officers arrived and found Fred Loftus on the floor, lying in a puddle of his own blood


A photo of Fred Loftus was on the screen as Deputy District Attorney Whitney Timm started her opening statement. "This case is about the murder of Fred Loftus. He was a fisherman by trade, had returned from a fishing trip in Alaska and was staying on a friend's couch."

On August 25, 2017, both men went drinking. "At 6 p.m. EPD received a 911 call. The caller was Mr. Kobak. He said he had killed his friend. He listened to dispatch. He followed instructions."

Photo of the apartment flashes on screen. Kobak is standing outside, as instructed by the dispatcher.  "When EPD officers arrived, Mr. Loftus was lying in a puddle of his own blood." Photo of a shirtless, tatooed Loftus lying face down on the floor in Kobak's living room appears on screen.

Forensic pathologist Dr. Mark Super did an autopsy two days later. "Mr. Loftus had beenshot a total of 8 times." The cause of death was multiple gunshot wounds.

Photos of Loftus' wounds on screen as Ms. Timm described entry and exit wounds and parts of body injured which included chest, back, arm, shoulder and abdomen.

Photo of Kobak's rifle on screen. Ms. Timm said that when EPD officers found the weapon, " it still had 21 rounds in the rifle." DOJ examined the rifle and bullets.

"Upto now everything you have been hearing is physical evidence," said Ms. Timm. " What we are also going to hear in this trial is the defendant's own account of what happened."

Ms. Timm summarized some of EPD Senior Detective Ron Harpham testimony. During the preliminary hearing and now at jury trial, Det. Harpham will testify about his interview with Kobak.

"Fred said something to him that pissed him off." Kobak then walked from the kitchen to his bedroom, grabbed his rifle, walked back to the living room. Loftus saw Kobak with the rifle, walked towards him. Kobak said, "Fuck you" and shot Loftus.

"You will hear testimony from the 911 dispatcher. Mr. Kobak told dispatch he was sorrowful about what he had done. You will hear from officers who first arrived on scene, the officers that did the search warrant, Dr. Super and Dale Cloutier from DOJ."

"What you won't hear from Mr. Kobak is that he acted in self defense. What you won't hear is that he feared Mr. Loftus. What you won't hear is that Mr. Loftus had a weapon."

Ms. Timm ended her opening statement by saying that the evidence will show that Kobak acted with intent and premeditation and asked the jurors to return a verdict of first degree murder.

Previous post:
https://johnchiv.blogspot.com/2020/01/premeditated-murder-voluntary.html?m=1

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